Funds Management & Superannuation

Funds management & Superannuation is a highly regulated industry. Madgwicks lawyers are experienced in assisting clients in managing investor's money through a range of financial products, managed funds and schemes.

The investments we deal with include equity funds, superannuation, property trusts, agribusiness schemes, investor directed portfolio services and managed discretionary accounts. Our funds management & superannuation team will, as required, work closely with our property, tax and commercial lawyers, to help clients make deals possible with the minimum of fuss while simultaneously ensuring client interests are protected.

The services we provide in the Funds Management & Superannuation area include:

• Advice on regulatory compliance under the Corporations Act, Superannuation Industry (Supervision) Act, and other relevant legislation and regulator policy statements and practice requirements;
• Fund design, establishment and constituent documents including constitutions, trust deeds, governing rules and other ancillary documents;
• AFSL and RSE licensing and submissions, applications and other dealings with relevant regulators including ASIC, ATO, and APRA;
• Disclosure documents including product disclosure statements, periodic statements, 'excluded' information memoranda, and other investor communications;
• Contractual arrangements with service providers including broking and underwriting agreements, investment management agreements, administration agreements; custodian agreements, and commission agreements;
• Advice and representation on corporate transactions and deals including mergers & acquisitions, successor fund transfers, schemes of arrangement, and joint ventures;
• Conducting due diligence, advising on independent expert reports, preparing and advising on corporate governance policy and compliance plans;
• Website and e-commerce planning;
• Investor dispute and complaint handling, and managing litigation before tribunals and courts;
• Ongoing support to fund promoters, operators and trustees on directors duties, conflicts of interest, corporate governance and other business and commercial issues concerning the fund;
• Structuring and utilising superannuation as an integral part of financial and estate planning including advice on contributions, pensions, insurance and choice of fund strategies; and
• Member dispute and complaint handling, and managing litigation before the Superannuation Complaints Tribunal and courts.

Our experience in the Funds Management & Superannuation area includes:

• Acting for a public offer industry superannuation fund with over 100,000 members and $1.2 billion funds under management on its acquisition of a superannuation administration business;
• Acting for a subsidiary of the ING Group to advise on and prepare a suite of documents relating to establishment of self managed fund borrowing arrangements;
• Acting for a top 10 industry public offer superannuation fund in the preparation of its suite of product disclosure statements; and
• Acting for a promoter of an investor directed portfolio service and public offer superannuation fund in relation to its product disclosure and compliance issues.